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STATE v. BOWDRY

No. 68647.

337 N.W.2d 216 (1983)

STATE of Iowa, Appellee, v. Larry R. BOWDRY, Appellant.

Supreme Court of Iowa.

August 17, 1983.

Attorney(s) appearing for the Case

Francis C. Hoyt, Jr., Appellate Defender, and Charles L. Harrington, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Mary Jane Blink, Asst. Atty. Gen., William E. Davis, County Atty., and Jonathan B. Hammond, Student Intern, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McGIVERIN, LARSON, and WOLLE, JJ.

UHLENHOPP, Justice.

This appeal presents a problem of the burden of proof in prosecutions for carrying concealed weapons. Iowa Code § 724.4 (1981).

Defendant Larry R. Bowdry carried or transported a revolver in an automobile. He was arrested and tried for violating section 724.4. The State did not introduce evidence that Bowdry did not have a permit to carry or transport a revolver or that the peace officer demanded Bowdry display a permit when the officer...

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